Legal Opinion
City of New York v. United States Department of Transportation
District Court, S.D. New York
Decided May 5, 1982No. 81 Civ. 1778 (ADS)PublishedCited by 10 opinions
1Opinion of the Court
AMENDED OPINION
SOFAER, District Judge:
On January 19, 1981, the United States Department of Transportation (“DOT”) published a “Final Rule” concerning the transportation of radioactive materials pursuant to its authority under the Hazardous Materials Transportation Act (“HMTA”), 49 U.S.C. §§ 1801-1812 (1976). The rule, scheduled to take effect on February 1, 1982, would permit the shipment by road throughout the nation of all types of radioactive materials. One avowed purpose of the rule was to override local prohibitions against the shipment of radioactive materials, particularly a local…
2Cases cited44 opinions
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- United States v. NixonSupreme Court of the United States · 1974
- Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1975
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
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3Cited by10 opinions
- The Township of Lower Alloways Creek v. Public Service Electric & Gas Company, and the United States of America Nuclear Regulatory CommissionCourt of Appeals for the Third Circuit · 1982
- City of New York v. United States Department of TransportationCourt of Appeals for the Second Circuit · 1983
- Texas v. United StatesCourt of Appeals for the Fifth Circuit · 1984
- Township of Springfield v. LewisCourt of Appeals for the Third Circuit · 1983
- City of New York v. United States Department of TransportationDistrict Court, S.D. New York · 1988
5 more not listed; retrieve them via the Exa API.